Managing employee sickness in France involves a specific procedure and certain compulsory payments, which we will explain and summarise in this article.
Step One: The employee must tell their employer that they are ill.
Whether verbally or in writing, this must happen within 48 hours unless the company’s convention collective states otherwise.
The employee must then justify their absence from work by obtaining a medical certificate, or avis d’arrêt de travail, which is issued and signed by a doctor. The employee must send Slip Three of their medical certificate to the employer.
Important points to note
Unlike in the UK, self-certification does not apply in France. Additionally, employers cannot ask their employees for reasons why they are sick. Slip Three of the medical certificate merely confirms the employee’s absence dates and whether the leave is due to illness or a work-related issue.
From the employee’s point of view, non-compliance with sickness reporting requirements is serious, as this could ultimately lead to dismissal for unjustified absence.
Step Two: The CPAM must be informed of the employee’s sick leave.
The employee must send Slips One and Two of their medical certificate to the Caisse Primaire d’Assurance Maladie (CPAM), which is the local health insurance fund. This allows the employee to receive the right compensation from the social security system – and potentially also the company – during their absence from work.
In the event of an extension, the same procedure must be followed as described above.
Step Three: The employee is paid daily allowances while on sick leave.
Indemnités Journalières de Sécurité Sociale, or IJSS, are daily allowances that usually equate to 50% of the employee’s basic daily wage. The IJSS are paid every 14 days, after a waiting period of three days. The waiting period will not apply if the employee returns to work for less than 48 hours between two periods of sickness absence.
Important points to note
The three-day waiting period can make sick leave expensive for the employee, and as such tends to discourage it. There is a limit and a maximum duration for IJSS payments, after which longue maladie, or long-term illness, is triggered.
Step Four: The employer must ensure payment of a complementary income during sick leave.
Maintien de salaire is the employer’s guarantee of a complementary income in addition to the IJSS payments received by the employee during their sick leave. This is dependent on the following conditions:
- The employee has completed at least one year’s service on their first day of absence.
- The employee has complied with the company’s sickness absence reporting procedure and is receiving social security allowances.
- The employee is receiving treatment in France or an EEA member state.
- The employee is not a seasonal, intermittent, or temporary worker.
Following a seven-day waiting period, the employee will be paid 90% of gross pay during their first 30 days of absence, followed by 66.66% for the next 30 days. After five years’ service there is an increase in the length of time payments are received.
Important points to note
If the company’s Convention Collective allows for higher payments than those mentioned above, the company’s prévoyance, or insurance contract,will cover the difference. Prévoyance benefits also replace IJSS payments once the employee has exhausted their sick leave entitlement.
What is subrogation?
Although IJSS payments are made directly to the employee by default, the employer may request to receive the payments on their behalf – a process known as subrogation – either for the entire duration of their sick leave, or a shorter period as required.
This means the employer can simply pay the additional compensation directly to the employee, thus avoiding the waiting period gaps that can prove expensive (though this can also lead to higher levels of employee sickness). In turn, the employer will receive reimbursements directly from the CPAM and prévoyance.
Can we help you navigate employee sickness absence in France?
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If you have questions, please contact us to arrange an initial free consultation.